### Federal Register / Vol. 50, No. 235 / Friday, December 6, 1985 / Proposed Rules

Compliance with Executive Order12291

The Office ofManagement and Budget- (OMB) has exempted this rule fromthe requirements ofSection 3 ofExecutive Order 12291. Authority

This notice is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act

as amended by the Resource Conservation and Recovery Act of1976,

as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

List ofSubjects of40 CFR Part271

Administrative practices and procedures, Confidential business information, Hazardous materials -transportation,Hazardous waste, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping, Water pollution control, Water supply.

Dated: November 15. 1985.
L.

Edwin Coate, Acting,Regional Administrator. [FR Doc. 85-29120 Filed 12-5-85: 845 am]

BILLING CODE 6560-50-M

40 CFR Part 271

[SW-10-FRL-2935-91 Washington; Final Authorization of State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency. ACTION: Notice ofTentative Determination on Application of Washington forFinal Authorization, Public Hearing and Public Comment Period.

SUMMARY: Washington has applied for final authorization under the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA) has reviewed Washington's application and has made the tentative decision that Washington's hazardous waste program satisfies all of the requirements necessary to qualify for final authorization. EPA intends to grant final authorization to the State to operate its program in lieu of the Federal program subject to the limitations on its authority imposed by the Hazardous and Solid Waste Amendments of 1984 (Pub.L.98-616 November 8,1984) (HSWA).Washington's application for final authorization is available for public review and comment and a public hearing willbe held to solicit comments

on the application ifsignificant public interest is expressed. DATES: Ifsufficient public interest is expressed in holding a hearing, a public hearing is scheduled forJanuary 6, 1986,
at 10:00 a.m. Washington will partitipate in the public hearing held by EPA on this subject.if held.EPA reserves the right to cancel the public hearing if sufficient public interest in holding a hearing is not communicated to EPA by telephone orin writing by December 27, 1985. EPA will determine by December 31, 1985, whether there is sufficient public interest to hold a public hearing. All written comments on the State's final authorization application must be received by EPA by the close of business on January 6, 1986. ADDRESSES: 

### Copies ofWashington's final authorization application are available during business hours at the following addresses for inspection and copying: Washington Department of Ecology (Rowesix), 4224 6th Avenue S.E., Bldg. 4, Olympia, Washington 98504, Ross Potter, (206) 459-6303; U.S. EPA Headquarters Library,PM 211A, 401 M Street, SW., Washington, DC 20460, Phone: (202) 382-5926; U.S. EPA Region 10Library, 1200Sixth Avenue, Seattle, Washington 98101, Phone: (206) 442-1259.

Written comments on the tentative determination and the application, and written or telephone communication of interest in holding a public hearing on theWashington application mustbe
sent to Michael Bussell, Mail Stop 530, 1200Sixth Avenue, Seattle, WA, 98101, (206) 442-2857 or (FTS) 399-2857.

If sufficient public interest is

- expressed, U.S. EPA willhold a public hearing on Washington's application for final authorization at 10:00 a.m. on January 6, 1986, in Conference Room 12A ofthe EPA Region 10 offices at 1200 Sixth Avenue, Seattle, Washington.

Ifyou wish to find out whether ornot U.S. EPAwill hold a public hearing on the tentative determination and the Washington application, based on U.S. EPA's decision that there was sufficient interest in such a hearing, write or telephone the U.S.EPA contact person listed below after December 31, 1985.

FOR FURTHER INFORMATION CONTACT. Michael A. Bussell,Mail Stop 530, 1200 Sixth Avenue, Seattle,Washington 98101, (206)442-2857 or (FTS) 399-2857.

SUPPLEMENTARY INFORMATION:

A. Background

Section 3006 ofthe Resource Conservation and Recovery Act (RCRA) allows EPA to authorize State hazardous waste programs to operate in the State in lieu ofthe Federal hazardous waste program. Two types of authorization may be granted. The first type, known as "interim authorization" is a temporary authorization which is granted ifEPA determines that the State program is "substantially equivalent" to the Federal program [section 3006)(c), 42 U.S.C. 6926]. EPA's implementing regulations at 40 CFR Parts 271.121- 271.137 established a phased approach
to interim authorization: Phase I, covering the EPAregulations in 40 CFR Parts 260-263 and 265 (univerle of hazardous wastes, generator standards, transporter standards and standards of interim status facilities) and Phase II, covering the EPA regulations in 40 CFR Parts 124, 264, and 270 (procedures and standards for permittinghazardous
waste management facilities).

Phase II, in turn, has three components. Phase IIA covers general permitting procedures and technical standards for containers and tanks and in some cases certain surface impoundments and waste piles. Phase lib covers incinerator facilites. Phase IIC addresses landfills, land treatment facilities, surface impoundments and
waste piles. By statute, all interim authorizations expire on January 31, 1986. Responsibility for the hazardous
waste program returns (reverts) to EPA

on that date ifthe State has not received final authorization.

The second type ofauthorization is a "final" (permanent) authorization that is granted by EPA ifthe Agency finds that the State program: (1)Is "equivalent" to the Federal program, (2) is consistent with the Federal program and other State programs, and (3)provides for adequate enforcement [section 3006(b), 42 U.S.C. 6926]. States need not have obtained interim authorization in order
to qualify for final authorization. EPA regulations to qualify forfinal authorization appear at 40 CFR 271.1- 271.23.
B. Washington

The State of Washington received interim authorization on August 2, 1983, for Phase I and Phase IIA and liB.The State did not seek interim authorization for the land disposal permitting component (PhaseIIC) and has participated in this aspect ofthe program with EPA under a Cooperative Arrangement.

The State ofWashington submitted a draft application for final authorization

on Jaunary 17, 1984. EPA comments

were made to the State fortheir consideration in completing the application. Public hearings to solicit
comments were held by Washington on June 5, 6, and 11, 1984. The application for final authorization of the Washington hazardous waste 

### 49949

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### Federal Register / Vol. 50, No. 235 / Friday, December 6, 1985 / Proposed Rules

management program was received by EPA on July 2, 1984. After reviewing the State's application, EPA commented to the State requesting clarification concerning several aspects ofits application and program, including:

1.Basis ofstatutory authority to regulate recycled wastes, waste generators, disposal of dangerous waste, and to establish a permit program.

2. Applicability ofthe interim status standards to certain operations.

3. Staffing for the program, compliance monitoring program enhancements, enforcement practices and policy, permit processing timeframes, and delegation ofauthority within the Washington Department of Ecology to implement regulatory actions required ofthe Department.

4. Memorandum of agreement provisions regarding Federal oversight and Federal/State coordination in permitting, compliance and enforcement.

EPA comments are set forth in letters
to the State dated July 27, 1984, and May 8, 1985. With the exception ofsome needed clarifying language on EPA responsibilities under HSWA. and some minor clarifications in the Memorandum ofAgreement (MOA), the State has addressed these comments toEPA's satisfaction in.subsequent addenda to the application submitted to EPA on September 24, 1984, July 11, 1985, and September 27, 1985, which are in the public record. The State will make the additional changes in the application, prior toEPA's final decision on program approval/denial.

In addition to evaluating the State's application, EPA has also evaluated the State's implementation oftheirprogram, particularly in key priority areascompliance, enforcement and permitting-as part of an assessment of State capabilities to implement a quality program after authorization. As part of thisprocess, EPA Region 10 conducted program reviews ofWashington's hazardous waste management program inAugust 1984 and September 1985. The 1984 program review found a number of problems in the implementation ofthe State's compliance, enforcement and permitting programs, such that a decision on final authorization was delayed. The 1985 program review found that the State has been and is continuing
to be responsive to EPA'sprogram implementation recommendations, and has demonstrated substantial progress in the implementation oftheir compliance monitoring, enforcement and permitting programs. To address the need offurther enhancement ofState capabilities in these areas, the State and EPA have agreed tojointly sign a Letter ofIntent that will explicitly address State and EPA measures to assure continued enhancement of State capabilities in compliance, enforcement and permitting. This Letter ofIntent will be signedby the State and EPA priorto EPA's final decision on program approval/denial.

EPA has tentatively determined that the State's program meets all of the requirements necessary to qualify for final authorization and intends to grant final authorization to Washington to operate its program in lieu ofthe Federal regulatory program promulgated up to December 31, 1984,pursuant to RCRA, 42 U.S.C. 6901 et seq., (not including requirements and prohibitions imposed by the HSWA).

In accordance with section 3006 of RCRA and 40 CFR 271.20(d), the Agency will hold a public hearing on its tentative decision on January 6, 1986, at 10:00 a.m. at EPA Region 10 Conference Room 12A, 1200 Sixth Avenue, Seattle, Washington, ifsufficient public interest is expressed in holding a hearing. The public may submit written comments on EPA's tentative determination until close ofbusiness on January 6, 1986. Copies ofWashington's application are available forinspection and copying at the locations indicated in the "Addresses" section ofthis notice.

In making its final decision, EPA will consider all public comments on the tentative determination. Issues raised by those comments may be the basis for a decision to deny final authorization to Washington. EPA expects to make its final determination on whether or notto approve the State's program by January 31, 1986. The notice willbe published in the Federal Register and will include a response to all major comments.

Prior to the Hazardous and Solid Waste Amendments of1984 (HSWA) amending RCRA, a State with final authorization administered its hazardous waste program entirely in lieu ofEPA.The Federal requirements

no longer applied in the authorized State, and EPA could not issue permits forany facilities the Statewas authorized to permit.When new, more stringent Federal requirements were promulgated or enacted, the Statewas obligated to enact equivalent authority within specified timeframes. However, until new Federal requirements were adopted as State law, they did not take effect in the authorized State.

In contrast, under the newly enacted section 3006(g) ofRCRA, 42 U.S.C. 6926(g), the new requirements and prohibitions imposed by the HSWA take effect in authorized States at the same time they take effect in non-authorized States. EPA is directed to cary out those requirements and prohibitions in 

### authorized States, including the issuance -of full orpartial permits,until the State is granted authorization to do so. Thus, while States must still adopt HSWA related provisions, the HSWA applies in authorized States in the interim.

As a result ofthe HSWA, there will be

a dual State/Federal regulatory program in Washington after final authorization. To the extent the authorized State program is unaffected by the HSWA, the State program will operate in lieu ofthe Federal program. To the extent HSWA related requirements are in effect,EPA will administer and enforce those portions ofthe HSWA in Washington until the Statereceives authorization to do so. Among other things,this may entail theissuance ofFederal RCRA permits forthose areas in which the State is notyet authorized.

Once Washington is authorized to implement aHSWA requirement or prohibition, the State program in that

area will operate in lieu oftheFederal provision. Until that time, the State may assist theEPA'simplementation ofthe HSWA under a Cooperative Agreement,

as Stateresources allow.

Any State requirement that is more stringent than a HSWA provision also remains in effect; thus,regulated handlers must comply with themore stringent State requirements. Washington is notbeing authorized for any requirement implementing the HSWA.
C.Indian Lands

In the final authorization application, the State has asserted authority and intent to regulate hazardous waste management activities on Indian lands. The State also asserted such authority in its interim authorization application. For interim authorization, EPA concluded that the State hadnot adequately demonstrated ithad such authority.In granting interim authorization, EPA therefore retainedjurisdiction for regulating hazardous waste management activities on Indian lands. The State appealed this decision to the NinthCircuit CourtofAppeals; the Ninth Circuit upheld EPA's decision [Department ofEcology. v.EPA, 752F. 2d1465 (1985)]. Based onthe Court's decision, the Stateamended their application to focus their assertion of authority to cover non-Indian hazardous waste management activities onIndian lands. We conclude however, that the State's demonstration ofjurisdiction is insufficient for EPA to authorize nonIndian hazardous waste management activities on Indian lands. EPA will therefore retainjurisdiction for regulation ofhazardous waste 49950

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### Federal Register / Vol. 50, No. 235 / Friday, December 6, 1985 / Proposed Rules

management activities on Indian lands. EPA views "Indian lands" to mean all lands (including fee lands) within Indian reservations, dependent Indian communities, and Indian allotments to which Indians hold title. Regulatory Flexibility Act

Pursuant to the provisions of5U.S.C. 605(b), Ihereby certify that this authorization willnot have significant economic impact on a substantial numberof smallentities. The authorization effectively suspends the applicability ofcertain Federal regulations in favor ofWashington's program, thereby eliminating duplicative requirements for handlers ofhazardous waste in the State. Itdoes notimpose any new burdens on small entities. This rule, therefore, does not require a regulatory flexibility analysis.
Executive Order 12291

The Office ofManagement and Budget (CMB)has exempted this rulefrom the requirements ofSection 3ofExecutive Order 12291. 

### Authority

This notice is issuedunder the authority ofsections 2002(a), 3006, and 7004(b) ofthe Solid Waste Disposal Act

as amended 42U.S.C.'6912(a), 6926, and 6974. 

### List of Subjects in 40 CFR Part271

Administrative practices and procedures, Confidential business information, Hazardous materials transportation, Hazardous waste,Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping, Water pollution control,Water supply.

Dated: November 15, 1985. 

### L Edwin Coate, ActingRegionalAdministrator. [FR Doc. 85-29119 Filed 12-5--85; 8:45 am]
BILLING CODE 6560-50-M



### FEDERAL EMERGENCY

MANAGEMENTAGENCY
Federal Insurance Administration

44 CFR Part 67 [Docket No. FEMA-6690] Proposed Flood Elevation Determinations; Arkansas etal.
AGENCY: Federal Emergency 

### Management Agency. ACTION: Proposed rule.

SUMMARY: Technical information or 

### comments are solicited on the proposed base (100-year) flood elevations and proposed modified base flood elevations listed below for selected locations in the nation.These base (100-year)flood elevations are thebasis forthe flood plain management measures that the community isrequired to either adopt or show evidence-ofbeing already in effect in orderto qualify orremain qualified forparticipation in theNational Flood Insurance Program (NFIP). DATES:

### The period for comment willbe ninety (90) 

### days following the second publication ofthis proposed rule in a newspaper oflocal circulation in each community. ADDRESSES: 

### See table below.

FOR FURTHER INFORMATION CONTACT: 

### John L.Matticks, Acting Chief,Risk StudiesDivision, Federal Insurance Administration, Federal Emergency Management Agency,Washington, DC 20472, (202) 646-2767.
SUPPLEMENTARY INFORMATION: The 

### Federal Emergency Management Agency gives notice ofthe proposed determinations ofbase (100-year) flood elevations and modifiedbase flood elevations for selected locations in the nation, in accordance with Section 110 ofthe Flood DisasterProtection Act of 1973 (Pub.L. 93-234), 87 Stat.980, which added Section 1363 to theNational Flood Insurance Act of 1968 (TitleXIII of the Housing and Urban Development Act of1968 (Pub.L.90-448)), 42 U.S.C. 4001-4128, and 44 CFR 67.4(a).



### These elevations, together with the flood plain management measures required by Section 60.3 of theprogram regulations, are the minimum that are required. They should notbe construed to mean the community must change any existing ordinances that are more stringent intheir flood plain management requirements. The community may at any time enact stricterrequirements on its own,or pursuant to policies establishedby other Federal, State, orregional entities. These proposed elevations willalso be used to calculate theappropriate flood insurance premium rates fornew buildings and theircontents and for the second layer ofinsurance onexisting buildings and theircontents.

Pursuant to theprovision§ of 5U.S.C. 605(b), the Administrator, to whom authority hasbeen delegated by the Director, Federal Emergency Management Agency, hereby certifies that theproposed floodelevation determinations, ifpromulgated, will not have a significant economic impact on a substantial number ofsmall entities. A floodelevation determination under section 1363 forms thebasis for new local ordinances, which, ifadoptedby a local community, will govern future construction within the flood plain area. The elevation determinations, however, impose no restriction unless and until the local community voluntarily adopts flood plain ordinances in accord with these elevations. Even ifordinances are adopted in compliance with Federal standards, the elevations prescribe how high to buildin the flood plain and do
not proscribe development. Thus, this action only forms the basis for future local actions. It imposes no new requirement; ofitselfit has no economic impact.

Listof Subjects in 44 CFR Part 67

Flood insurance, Flood plains.

PART67-[AMENDED]

The authority citation for Part 67 continues to read as follows:

Authority: 42U.S.C. 4001 et seq., Reorganization Plan No. 3of1978,E.O. 12127.

The proposed base (100-year) flood elevations for selected locations are:

PROPOSED BASE (100-YEAR) FLOOD ELEVATIONS

#Depth infeet above Source of flooding and location round.Elevation in feet (NGVD)

ARKANSAS

FortSmith (city), Sebastian County Arkansas River

Downstream corporate limits

.................................... ."406 Downstream of Interstate Route 540

...................... '410 Upstream corporate limits

................... '417 MassardCreek:

Confluence with Arkansas River

............... '406 Upstream of South 83rd Street

................................ 414 Upstream corporate limits

................... '423 Litle A MassardCreek: Confluence with Massard Creek

............... 406 Upstream of South 91st Street

................ '410 Upstream of Massard Road

.................. "419 Upstream of South 74th Street

................................ "425 Upstream of South Louisville

................. '432 Spivey Creek:

Confluence with Massard Creek

............... 414 Upstream of Beiker Road

................... 435 Upstream of Missouri Pacific Railroad

.................... '441 Sunnymede Creek:

Confluencewith Arkansas River

............... 409 Upstream of Waldron Road

.................. '413 Upstream of Albert Pike Avenue

.............. .423 Upstream of BirineAvenue

.................. ' 438 No Name Creek:

Confluence with Sunnymede Creek

........................ '409 River m ile 0.45

........................................................... '419 Upstream of Interstate Route 540

.......................... '429 Upstream of Free Ferry Road

................ 448 Upstream of Duncan Road

.................. 465 Downstream of Euper Lane

................. '482 River m iles2.62

......................................................... ' 511 No Name Tnbutary:

Confluence with No Name Creek

.............. '460 Upstream of RogersAvenue

................. ' 482 River m ile 0.719

........................................................ '505 Oak Park Trbutaiy:

Confluence with Arkansas River

............ t................ '412 Upstream of Newton Road

...................................... .'417 River mile 0.951

.......... . .......................................... 424 May Branch:

Confluence with Arkansas River

.............. .'416 Upstream of North LStreet

.................. '432 Upstream of Ballman Road

.................. 482 

### 49951

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